Tbe controversy is qne entirely of fact dependent upon tbe terms of tbe contract, wbicb tbe jury bas resolved against tbe appellant.

Most of tbe exceptions are to tbe refusal to give certain instructions, wbicb were predicated on tbe version of tbe contract given by tbe Cooper company, and could not bave been given, because they required tbe judge, and not tbe jury, to decide tbe fact.

We find no error in tbe trial.

No error.